The Wrongful Conviction of Oscar Pistorius: Science Transforms our Comprehension of Reeva Steenkamp’s Shocking Death

By Brent Willock

Just when the world thought Oscar Pistorius’ meteoric rise to Olympic glory and international celebrity had terminated abysmally in prison, Brent Willock’s scientific perspective reopens this gripping narrative for an astonishing re-view.

Olympian Oscar Pistorius’ spectacular assent to fame ground to a screeching halt in the wee hours of Valentine’s Day, 2013. Hearing a sound emanating from his bathroom, he grabbed his pistol and he stumbled to the washroom, screaming at the intruders to leave. Fearing someone was about to emerge to harm him and his girlfriend, Reeva, he fired four bullets into the bathroom. Soon he realized he had killed his lover. Horrified, he summoned the authorities. The investigating detective believed this was yet another case of an escalating argument where a man murdered his partner. World opinion is split. Some believe Oscar. Others are convinced he committed a despicable crime of passion.

Distinguished clinical psychologist Brent Willock brings an entirely new perspective to bear on these horrific events: that Oscar’s horrific actions occurred while he was in a state of paradoxical sleep, also known as parasomnia. Throughout this book, Willock uses scientific scrutiny and legal precedence to resolve the crucial anomalies surrounding the Oscar Pistorius trial. Willock also discusses how mental health experts and the defense team might have overlooked the hypothesis of parasomnia that could have exonerated Oscar.

Millions who followed the Blade Runner’s astonishing achievements, uplifted and inspired by his triumph over physical adversity, were crushed by his precipitous plunge from grace. They were baffled. Even Oscar himself, in a television interview shortly before his sentencing, achingly asked, “I always think, How did this possibly happen? How could this have happened?” At last, Willock’s elegant work responds to these poignant questions that have so plagued and pained Reeva’s family, friends, Oscar, and, indeed, the world.

• Language: English
• Publisher: Torchflame Books
• Release date: May 8, 2018
• ISBN: 9781611532685

Brent Willock

Brent Willock earned his doctorate in clinical psychology from the University of Michigan. After several years on staff in the Department of Psychiatry at the University of Michigan Medical Center, he relocated to Toronto to become Chief Psychologist at the university-affiliated C.M. Hincks Treatment Center. He was Adjunct Faculty, York University, Associate Faculty Member, School of Graduate Studies, University of Toronto, and taught at the Ontario Institute for Studies in Education. Dr. Willock is the founding President of the local chapter of the American Psychological Association’s Division of Psychoanalysis, and of the Toronto Institute & Society for Contemporary Psychoanalysis. He has contributed many chapters to books, published in prominent journals, and serves on the editorial boards for several journals and book series. For the Washington Psychoanalytic Foundation’s New Directions in Psychoanalytic Thinking Program, he is a Writing Mentor. He is author of Comparative-Integrative Psychoanalysis (finalist, Goethe Award), First Editor of Understanding and Coping with Failure; Psychoanalytic Perspectives on Identity and Difference; Psychoanalytic Perspectives on Passion; On Deaths and Endings (Gradiva Award), Taboo or Not Taboo? (Goethe Award), Loneliness and Longing (Goethe Award). Dr. Willock serves on the Board of the Canadian Institute for Child & Adolescent Psychoanalytic Psycho–therapy, the faculty of the Institute for the Advancement of Self Psychology, and the Advisory Board of the International Association for Relational Psychoanalysis and Psychotherapy. His many contributions have been honored by the Ontario Psychological Association, the American Psychological Association, the Canadian Psychological Association, the International Federation for Psychoanalytic Education, the University of Chicago, the Chicago Institute for Psychoanalysis, and the National Association for the Advancement of Psychoanalysis.

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References

Praise for this Book from Leading Authorities in the Scientific and Forensic Fields

This book is a murder mystery but not a ‘who done it?’ We know who fired the shots through the door of the toilet room killing Reeva, the girlfriend of Oscar Pistorius. He had been asleep next to her when he was awakened by a noise he thought was due to one or more intruders. He ran to the bathroom calling to Reeva to phone the police and shouting to the intruder(s) to get out of his house. Neither she nor they responded. After being frozen in fear he shot through the locked door and then discovered Reeva close to death. From here on the story is a detailed analysis of the legal procedures, the misunderstandings of the state of mind of the accused: was he fully conscious and so responsible for murder? The author, Brent Willock, is highly informed to make a compelling case that Oscar was not fully conscious, therefore not responsible, and to address the other possible states of mind Oscar may have gone through during and following this tragic event. The book sums up the pressing need for lawyers, judges and jurors to become familiar with the unconscious mind of sleep that does not obey the logic of the mind fully awake.

—Rosalind Cartwright, Ph.D. Professor and Chairman Emerita, Department of Behavioral Sciences and Director, Sleep Disorder Center, Rush University Medical Center, Chicago. Author, The Twenty-four Hour Mind: the role of sleep and dreaming in our emotional lives (Oxford University Press).

—

This well-researched, scientifically accurate, and nicely written book by Dr. Willock invokes an alternative explanation for Oscar Pistorius’ behaviors on February 14, 2013, namely that the tragic event could be well-explained by a parasomnia (confusional arousal/sleepwalking). Such conditions are a reminder that wake and sleep are not mutually exclusive, but rather may co-exist simultaneously: part of the brain capable of producing complex behaviors is awake, while parts responsible for monitoring and laying down memories of such behaviors are asleep permitting behavior without conscious awareness and therefore without culpability. Furthermore, during these states of mixed wake and sleep, there may be impaired perception of the environment with diminished insight, judgement, and reasoning resulting in flawed recall of details of these events which may appear unrealistic, puzzling, confusing, contradictory, unreasonable, or irrational. This scientifically-based concept should be valuable to all parties (perpetrator, victim, prosecution, and defense) in future similar cases.

—Mark W. Mahowald, MD, Professor of Neurology, University of Minnesota Medical School, Minneapolis, MN, USA (Retired)

—Michel A. Cramer Bornemann, MD, D-ABSM, FAASM, Lead Investigator—Sleep Forensics Associates (SFA)

Dedicated to

Wenchang Wang (文昌王), also known as Wenchang Dijun (文昌帝君)

Taoist God of Culture and Literature

***

Ganesha & Saraswati

Hindu patron deities of writers

***

The Muses

Greek inspirational goddesses of literature, science, and the arts

***

And all others who inspire us to put pen to paper in hopes of contributing to the evolution of human understanding

Acknowledgements

I approached three of the most eminent persons in the scientific field from which I draw in this book to see if they might be interested in reading my manuscript. Not only are they highly accomplished scientists-clinicians but they are also leading forensic authorities in this area. They have provided expert opinions to many courts in similarly complex cases. Apart from my familiarity with their enormous contributions to the scientific, professional, and forensic literatures, I have never met any of these individuals. They do not know me. I was delighted to discover that they were all very interested in the project I had outlined to them. Despite their extremely busy schedules, they were eager to read the manuscript and, ultimately, to generously endorse it. For their marvellous support, I am extremely grateful. I extend my profound thanks to Dr. Michel Cramer Bornemann, Dr. Mark Mahowald, and Dr. Rosalind Cartwright.

The fine cover photograph of Oscar Pistorius at his bail hearing in the Pretoria Magistrate Court on February 20, 2013 was taken by Herman Verwey who is associated with Gallo Images and City Press. This photograph is reprinted courtesy of Creative Commons and Flickr (CC BY 2.0).

Many thanks to Elizabeth Turnbull, Senior Editor at Light Messages Publishing, for creating a superb book cover in relation to the preceding photograph.

I am grateful to Creative Commons and to all the photographers who have given their pictures to the Commons, permitting them to be utilized by those of us who work in words, images, and ideas. I am especially thankful to Elvar Pálsson, Michael Greenwood, and Frennie Shivambu whose photographs I have reprinted in this book. I believe their works truly are worth a thousand words.

It has been a great pleasure to collaborate closely with my publisher, Walter Turnbull, over the past many months. He is an outstanding exemplar of the enormous cultural value, creativity, and resourcefulness of small, independent book publishers. He (and they) have and continue to enrich our literary landscape enormously.

Finally I want to thank my many friends, family members, and colleagues for their ongoing support of this endeavor. Here I can only mention a few who were especially helpful and encouraging: Liz Chin-Sam; Bob, Sherrill, and Graham Willard; Edward Davidson; Robert Halpin; Laura Bass; Denise Bukowski; Hazel Ipp; Marilyn Willock; Mark Egit; Keith Haartman; Judi Kubrick; Florence Loh; and Dagnija Tenne. My heartfelt gratitude to you all!

PART I

Inauspicious Beginnings, Glorious Middle, and Then …

Chapter 1

Who Is Oscar Pistorius?

If we all worked on the assumption that what is accepted as true is really true, there would be little hope of advance.

—Orville Wright

How things can change! Completely. Unexpectedly. Drastically. In a flash.

For several years prior to the blindsiding events of February 14, 2013, Oscar Pistorius had been the subject of intense international fascination and admiration. For a few years after that awful night, the world continued to follow his life story with equal enthralment. Now, however, the citizenry’s absorption was of a far less exuberant sort. During both these time periods, virtually everyone knew of this extraordinary man. He had burst into our collective consciousness like a dazzling lightning bolt from Planet Earth’s southern hemisphere. Just a few years later, many are already beginning to forget his uniquely inspiring, and equally shocking story. Yesterday my neighbor asked what I am writing about. When I answered, he responded, Who is Oscar Pistorius? I must thank him for providing the title and topic for this opening chapter.

Transitioning from intense engagement with Oscar to increasing amnesia, we are in danger in this, and so many other instances, of learning little of lasting value. Contra that corrosive current, this book aims to enable us to acquire and retain important insights from the devastating downturn in this hitherto celebrated life. Knowledge gained from carefully exploring profoundly puzzling, key evidence from his ordeal from an entirely new perspective will empower us to, at last, make sense of this terrible tragedy. What we will discover by radically re-considering crucial testimony will be fascinating and helpful not only to the hitherto entranced public, reeling from the one hundred and eighty degree turn in this Olympic athlete’s life story, but also to the legal system charged with comprehending these and future events of similarly mind-boggling magnitude. All that we will learn during this voyage of discovery will facilitate both individual and social healing.

From Womb to World Stage

Born on November 22, 1986 in Johannesburg, South Africa, Oscar Leonard Carl Pistorius was raised in a religious, Christian home with his older brother, Carl, and younger sister, Aimée. Unlucky in utero, he set foot—grossly deformed feet—on our planet with fibular hemimelia in both legs (absence of the fibula, the outer, thinner of the two bones that extend from knee to foot). His ankles were only half-formed. His heels faced sideways. Instead of five toes, he had two. Realizing no human being could ever stand, let alone walk on such narrow, twisted, incompletely formed feet, his parents consulted nearly a dozen doctors. These specialists’ recommendations ranged from years of complex surgeries to immediate, bilateral amputations. Who could feel anything but intense sympathy for this infant and his family as they struggled to make the best of their difficult situation?

Shortly before Oscar’s first birthday—the time when babies normally begin to walk—his lower legs were cut off, halfway between his knees and ankles. The surgeon transplanted Oscar’s heel pads to the remaining stumps, hoping to facilitate his learning to walk. Three months later, fitted with artificial legs, baby Oscar took his first uncertain steps. Despite frequent stumbles, like all toddlers he relished his new locomotor ability.

W. Turnbull CC by 2.0

Digital painting of toddler Oscar

As Oscar grew up, his mother encouraged him to not define himself as disabled. Absorbing her determinedly positive perspective, he learned to run, play games, and ride mountain bikes, usually with his brother, Carl. In these exuberant pursuits that included climbing and falling off trees, he always picked himself up from any mishaps and got right back into the adventure.

When Oscar was six years old, he was struck by yet another challenge. His parents divorced. The familiar world that had held, nourished, and sustained him since time immemorial shattered. His father, Henke, moved seven hundred miles away. His mother, Sheila, relocated with her children to a less expensive, rougher neighborhood where they suffered several break-ins. She went to work, further transforming the universe her offspring had known and, incorrectly, assumed would go on being like it had been.

After finishing primary school, blessed with a well-to-do uncle, Oscar was afforded the opportunity of becoming a boarder at the Pretoria Boys High School. Notable alumni from this storied institution included two Nobel Prize laureates, eighteen Rhodes scholars, several government ministers and members of parliament, eight judges of the Supreme Court of Appeal, and numerous prominent intellectuals and sportsmen. Perhaps surprisingly, Oscar’s talents proved to be in that latter category. Embracing vigorous physical challenges and competition, he signed up for his school’s rugby team, wrestled, played water polo, participated in tennis at the provincial level, and trained at a local gym. He became part of school folklore when, during a rugby match, a player from the opposite team tackled him. Oscar’s legs came off in the boy’s arms, but he carried on, running over the line.

Despite Oscar’s positive adaptation to very challenging circumstances, his situation was far from easy. He was prone to developing painful sores and blisters on his leg stumps. For stretches of several months he could barely move, let alone walk. To heal, he had to stay home with his mother, separated from school and friends.

In June 2003, while playing rugby, Oscar suffered a serious knee injury. While undergoing rehabilitative procedures at the University of Pretoria’s High Performance Centre, he was introduced to a safer sport: running. Acquiring his first racing blades, he trained diligently and began participating in Paralympic events. Bravely embodying his mother’s can-do philosophy, he soon set new world records.

Photo by Elvar Pálsson CC by 2.0

July 8, 2007. Oscar takes part in Iceland’s largest sporting event which is held every three years.

Next, with the support of a pair of J-shaped, carbon-fiber prosthetics (evocatively called Flex-Foot Cheetahs), Oscar took a quantum leap to the next phase of his athletic odyssey. He began competing against able-bodied runners. Soon he became known and admired around the world. His fans affectionately bestowed upon him a variety of affectionate nicknames such as the Blade Runner, Oz, and the Fastest Man On No Legs.

Some upset, highly vocal critics claimed Oscar’s artificial limbs gave him an unfair advantage over able-bodied athletes. Responding to those complaints on March 26, 2007, the International Association of Athletics Federations (IAAF) banned the use of any technical device that provides a user with an advantage over another athlete not using such a device. Their amendment was not specifically aimed at Oscar, they said. The IAFF invited the Blade Runner to undergo tests at Cologne Sports University to ascertain whether his Cheetahs provided an unfair edge. Oscar travelled to Germany for that evaluation where Dr. Peter Brüggemann, Professor of Biomechanics, concluded that the Flex-Foot Cheetahs gave considerable advantages. Consequently, the IAAF declared these prostheses could not be used in competitions conducted under their rules.

Never one to give up in when faced with adversity, Oscar appealed the IAAF decision to the Court of Arbitration for Sport (CAS) in Lausanne, Switzerland. The CAS found flaws in Professor Brüggemann’s methodology. He had only tested Oscar’s biomechanics when he was running in a straight line—unlike real 400-metre races that feature multiple curvatures. Furthermore, Professor Brüggemann had not taken into consideration the disadvantages Oscar suffers at the start and acceleration phases of races. The CAS concluded there was no evidence suggesting he had any net advantage over able-bodied athletes. Consequently, the IAAF decision was revoked.

Responding to this good news, Oscar stated: My focus throughout this appeal has been to ensure that disabled athletes be given the chance to compete and compete fairly with able-bodied athletes. Free from the frustration of the earlier IAAF decision, he could now continue pursuing his dream: the upcoming 2012 (able-bodied) Olympics in London.

On July 19, 2011 Oscar achieved his personal best time in the 400-meter race, resulting in his being ranked as the 15th fastest runner in the world in this event. In recognition of this achievement, he was awarded the World Championships and Olympic Games A qualification, enabling him to enter the World Championships in Daegu, South Korea. There, he became the first double amputee to ever win an able-bodied world track medal.

The following year, Oscar became the first amputee to ever compete at the Olympic Games. Proudly he carried South Africa’s flag for the closing ceremony in London. In the ensuing Paralympics, he was again selected to carry his nation’s flag, this time for the opening ceremony. The Blade Runner was now one of the most famous, most respected athletes in the world.

Awestruck people everywhere realized they were privileged to be witnessing a remarkable individual’s historic triumph over congenital hardship. In recognition of his accomplishments, in 2007 Oscar received the British Broadcasting Corporation’s Sports Personality of the Year Helen Rollason Award. This honor is conferred on a small number of individuals who have shown outstanding courage and achievement in the face of adversity. The next year, he was included in Time magazine’s annual list of the world’s most influential people. In 2012, Glasgow’s University of Strathclyde bestowed an honorary doctorate. Oscar praised that institution for leading the way in prosthetic research and development. After the ceremony, he met with dedicated staff and grateful patients at their pioneering National Centre for Prosthetics and Orthotics.

Photo by Michael Greenwood CC by 2.0

August 29, 2012. Oscar proudly leads the South African Paralympic Team in the Opening Ceremonies in London.

Outside his passionate athletic pursuits, Oscar began studying for a Bachelor of Commerce degree at the University of Pretoria in 2006. Two years later, his autobiography, Dream Runner, was published in Italy, a country to which he had ancestral connections and where he trained athletically. The English version of that book, Blade Runner, was released the following year. In 2008, he cut a musical CD, Olympic Dream. Also produced in Italy, it consisted of remixes of pieces he found inspirational, supplemented by two tracks written especially for him for which he provided voiceovers. Part of this project’s proceeds was given to charity.

Admired for his astounding accomplishments, generosity, charm, handsome appearance, and winning personality, in 2010 Oscar appeared on L’isola dei famosi, an Italian version of Celebrity Survivor. Two years later, he danced a tango with Annalisa Longo to the renowned Swedish pop group ABBA’s song, The Winner Takes It All on Italian television’s version of Dancing with the Stars (Ballando con le Stelle). Sponsored by Nike, Oakley, British Telecommunications, Thierry Mugler, and Össur (an Icelandic manufacturer of prosthetic devices), he participated in numerous activities to raise funds for people in difficult circumstances. He joined celebrity charity golfing tournaments, donated speaking fees to benevolent organizations, and supported the Mineseeker Foundation, a charity that raises awareness of the horrors of landmines and provides prosthetic equipment for victims of those diabolical devices. He helped children who, like himself, lacked limbs and were trying to make their way in the world with artificial ones. He inspired these youngsters to believe that they, too, with support, could bravely face and transcend their challenging situations.

Getty Images photo by Liza van Deventer

A four-year-old South African double amputee spends time with his hero, Oscar Pistorius, at the Olympic athlete’s home on November 24, 2011.

Chapter 2

The Saint Valentine’s Day Massacre

Every human being suffers from some wound, visible or invisible, and given to him at birth. The grandeur in some individuals lies in their striving to overcome this congenital blight or, failing that, to compensate for it.

—Irving Layton,

Waiting for the Messiah

Pretoria, South Africa: In the early morning hours of February 14, 2013, Oscar Leonard Carl Pistorius pressed the trigger on his 9 mm Parabellum pistol. In swift succession, four powerful bullets penetrated the wooden door to the toilet chamber in his home in the Silver Woods Country Estate. On the other side of that divide, his girlfriend, law school graduate and fashion model, Reeva Steenkamp, now lay dead. Overwhelmed with shock and grief, Oscar immediately acknowledged responsibility. Devastated, he explained that in the darkness of the night, he had mistakenly thought Reeva was a home invader. As this horrific news